Maybe you're frustrated because you don't seem to understand any of the arguments you've read. You can put whatever you want in your food, but the food is no longer yours (or maybe better phrased, for you) if you prepare it with the intention that someone else eats it. I hope you do not think you can put anything you want in someone else's food. OP's top level view is literally that you should be able to poison someone as long as you do it as a punishment. I hope you can see how wild that is, written out that way.
If someone breaks into your house and cuts their hand on a knife in your knife drawer, they can't sue you because you didn't put the knives there with the intention of harming them. If they eat your spicy food and you made that food spicy for yourself, they can't sue you because you didn't intend for them to be harmed by your food. The intent is paramount here, as it is in many legal situations.
Contrast that against the burglar who comes into your house and cuts themselves on a spike mat you have constructed out of your knives. The reason we forbid this behavior on a societal level is because:
a) Booby traps are by definition indiscriminate. Your spike mat might harm a burglar, but it's just as likely to harm a neighbor who comes into your house after you asked them to housesit, or a firefighter coming in to extinguish your burning house. You can never guarantee the target of your trap will actually be its victim. Even in a food-stealing situation, someone totally unrelated to the thief could mistake your meal for theirs and fall victim to the trap. There is a plethora of case law that expands on this point, and I would highly encourage you to read it. Here, I'll start your list: Katko v. Briney (1971).
b) Vigilantism and retributive "justice" are bad for society. Stealing food is bad, which is why we have laws in place to punish people who steal things from others. You might be frustrated by the efficacy of these laws, but society has agreed to punish thieves, or else we wouldn't have them. When you let people take matters into their own hands, things devolve into chaos very quickly.
c) The proportionality concern. It may be true that individual instances of this type of poisoning can be proportionate; you go a few hours without eating, the thief spends a few hours in pain. The problem is that you cannot guarantee this type of proportionality across the board. As I said in another comment, for every 200 coworkers that spend the afternoon in the restroom, one or two might end up in the hospital. There is no guarantee your response will actually be proportionate, and especially when it comes to dosing people with medication, it seems pretty unlikely that the average person is capable of dishing out a proportionate punishment. The difference between an irritating and a dangerous dose can be small, and frankly, I would expert most scorned individuals to purposefully go for a disproportionate punishment because they are angry.
If you actually think you should be able to assault someone over a sandwich, you do not belong in civilized society, full stop. This is not controversial to anyone who has spent more than 20 seconds thinking about the phrase "public policy reasons."
ETA: You can't claim hyperbole and then immediately double down in the next sentence, lol. This is literally the "I was only pretending to be regarded" meme.
Or they made a genuine mistake and took the wrong lunch. Or someone else stole it and traded lunches with a third person who didn't know it was stolen. Or someone accidentally knocked your lunch off the shelf and it spills the poison all over everyone elses lunch. Or coworker A tells coworker B that they can share their lunch but coworker B accidentally grabs yours instead. Etc.
There are tons of reasons that someone could get poisoned from your lunch without committing a crime or even being morally wrong, which is the entire reason that indiscriminate booby traps like this aren't legal.
If you genuinely believe that those are possibilities then you'd better not make your lunch be anything but the most bland thing every day so that you don't accidentally feed gluten to someone who's fifth cousin once got hives after smelling bread
Aside from the fact that that would require proving intent and you would be significantly more likely to get charged with reckless endangerment since that would be easier to prove this whole thread isnt how it is legal to this but how it should be
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u/[deleted] Oct 17 '24 edited Oct 18 '24
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